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Five Tips for Success in Mediation

Settling a case in mediation has to be better than "losing" through the courts, says Justin Patten at his blog Human Law Mediation. And because success in mediation requires skill in negotiation, lawyers who master that art will be better able to help their clients reach a settlement. To that end, Patten offers five tips for how lawyers can ensure an effective negotiation:

  • Plan and prepare the right way.
  • Listen more than you talk.
  • Keep emotions in check.
  • Balance aggression against cooperation.
  • Make the first offer, generally.

Patten's post, of course, provides greater explanation of each tip. As to his last tip, he also points to a discussion at Settle it Now Negotiation Blog in which Victoria Pynchon "negotiates" disagreement over whether to make the first offer with Michael Webster of The Bizop News blog.

Posted by Robert J. Ambrogi on October 26, 2007 at 11:30 AM | Permalink | Comments (2)


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